Does remarriage nullify a Will?

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Does remarriage nullify a Will?

My parents were married for 60 years. My mother died. My father remarried a couple years after that. He died before he and his second wife were married 2 years. He had a will in place before they were married. Does his marriage nullify this Will? Alter it? His widow seems to think she is entitled to everything.

Asked on August 13, 2012 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  No, she is not entitled to everything but she is probably entitled to something.  If Oregon allows a Wife to "elect against" a Will then she will receive a poriton of the estate under the law.  A right of election is when a Will levaes out a spouse for various reasons and the law states that a Wife can not be disinherited from the estate of a husband.  Jointly held assets will go to her automatically.  You need a lawyer to help you here.  Good luck.


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